Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations)
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| Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) | |
|---|---|
 | |
| Hearing: December 1, 2016 Judgment: November 2, 2017 | |
| Citations | 2017 SCC 54 |
| Prior history | on appeal from the court of appeal for British Columbia |
| Ruling | Appeal dismissed. |
| Holding | |
| Freedom of religion protects people and their actions, but not the sites where religious ceremonies occur. | |
| Court membership | |
| Reasons given | |
Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) is a decision of the Supreme Court of Canada which concerns whether or not a
honour of the Crown
).
The majority held that the
s.2 of the Charter. The majority held that the Ktunaxa still do have a S.35 right to be consulted and accommodated regarding lands where there has been no proven Aboriginal title, but that a religious connection could not be invoked to establish title in the context of overturning an administrative decision. Ktunaxa title to the area would have to be tried separately.[1]
The minority held that the duty to consult and accommodated was met, but that freedom of religion was impinged. However the provincial minister's infringement on freedom of religion was reasonable under s.1, and so the application for an injunction could be denied by the lower courts.