Western View
No more mumbo-Jumbo
I figured I’d have long been writing travel
articles on riding Canada’s highest ski lifts
and exploring almost 2,000 verical metres of
dramatic, glaciated terrain. No such luck.
Still, Vancouver architect and skiing
visionary Oberto Oberti’s plan has made
progress in the year since B.C.’s Cabinet
accepted the recommendations of the
province’s Environmental Assessment Offi ce
(EAO) to issue the project’s environmental
certifi cate. In August the Jumbo development
company, Glacier Resorts Ltd., took the next
big step: fi ling its master plan report with the
province. If accepted, this report would enable
signing a master development agreement,
another gargantuan document that would
set out every aspect of the project and the
responsibilities of all the players. Oberti was
fervently hoping to see this done by Christmas.
“After 13 years of process, I don’t think
there is a single unknown issue,” Oberti said
in his usual style of slightly rueful humour.
“We’ve been explaining for years and years
the fundamentals of this project...We have a
range of mountains that’s bigger and longer
than the Alps. Yet in Canada we have not a
single resort at the top and in the heart of
one of these ranges—mind-boggling.”
From Oberti’s standpoint, the pugnacious
and at times poisonous oppositionism of
environmental groups has fallen into an
almost predictable routine. “The people who
are against it will continue to be against it,
and we’ll continue to respond,” he says. “We
anticipate that our arguments will be seen to
be correct, and out of this we’ll get the master
development plan approval and the master
development agreement.”
The last formal step—but potentially
the thorniest—will be local approval. “Few
mountain resorts come before local governments
because most fall within unorganized,
unpopulated rural areas that are basically run
by the province,” says Oberti. But in Jumbo’s
case, the Regional District of East Kootenay
is in charge. This “R.D.” oversees a large but
generally sparsely inhabited area. Its in-house
technical expertise (which Jumbo approval
will require) is similarly sparse. And it appears
vulnerable to small-town factionalism and
environmentalist pressure. Indeed, in February
the R.D. voted not to participate in the Jumbo
master plan process, yet simultaneously
rescinded an earlier request that the province
control Jumbo’s development directly.
B.C.’s government could have mimicked
its previous transformation of Whistler into
an independently run “mountain resort
municipality,” or its recent designation of
Kicking Horse as a “mountain resort area”
(jointly administered by province and
developer). There are also precedents from
remote mining towns that were subsequently
governed by ad hoc multi-stakeholder boards.
Yet in Jumbo’s case, the province opted
against detouring the potentially toxic local
politics. A cynic might conclude that some B.C.
ministers still want Jumbo to fail, or at least
have washed their hands of the entire affair.
Even if Oberti navigates the region’s
labyrinthine local politics, he’ll also have to
overcome the festering dispute with R.K. Heli-
Ski Panorama Inc. Based at nearby Panorama
resort (but under separate ownership) with
access to a huge tenure area, R.K. in June
fi led a petition in B.C. Supreme Court claiming
it had not been adequately heard in the
environmental assessment process. Seeking a
“judicial review” of the process, it asked the
court to declare “that the [EAO’s] Report is
void and is of no legal effect.”
R.K.’s principal contention is that its
objections to the Jumbo Resort plan, which
R.K. argues will destroy its business, were
not taken seriously by the EAO. R.K. says the
EAO ignored its substantive objections to a
toughly worded report by outside consultant
Sierra Systems Group Inc. Sierra concluded
that R.K. does not depend crucially on the
Jumbo terrain, and that a resort there would
not undermine the heli-skiing experience.
R.K. deems the Sierra report “demonstrably
inaccurate.” For this reason, R.K. asked the
court both for “A declaration that the EAO
exceeded its jurisdiction by acting with
bias or, alternatively, with a reasonable
apprehension of bias,” and “A declaration
that the EAO exceeded its jurisdiction by
denying R.K. a real opportunity to be heard
prior to preparing the Assessment Report.”
Oberti points out, “Both our 3,772-page
Project Report and the EAO’s report have
sections on heli-skiing. R.K. made written
submissions to the EAO, and the provincial
ministers involved in approving Jumbo’s
environmental certifi cate took time to
specifi cally review the issues surrounding
R.K.” The EAO report condensed the decadelong
process’s hundreds of thousands of
pages of studies, reports, claims, arguments
and memos into 128 pages. (Of that total,
R.K. received four pages.)
While Glacier Resorts is not the defendant
in R.K.’s petition (the provincial government
is), it has fi led affi davits backing the
government. R.K. has received moral support
from the Jumbo Creek Conservation Society
(Oberti’s environmental nemesis) and leftwing
Globe and Mail columnist Mark Hume.
To comment on George’s take on the ski
world (not always the opinion of Ski Canada
editors), write mac@skicanadamag.com. For
more George: try his blog www.drjandmrk.com.